Opinion
Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find the Campbell County Detention Center properly relied on KRS 197.025(1) in denying Robert E. Blau's January 25, 2010, request for a copy "of the video for the medical ward for the period of December 26, 2009, to January 25, 2010." That statute authorizes the nondisclosure of any record "if the disclosure is deemed by the commissioner [of the Department of Corrections] or his designee to constitute a threat to the security of the inmate, any other inmate, correctional staff, the institution, or any other person." It is incorporated into the Open Records Act by KRS 61.878(1)(l), requiring public agencies to withhold "public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly." In 04-ORD-017, this office affirmed Eastern Kentucky Correctional Complex's denial of a request for a videotape of an incident between an inmate and a visitor on the basis of KRS 197.025(1) and the facility's statement that disclosure of the videotapes would reveal "where the camera is capable of focusing and observing and blind spots outside the camera's range." A copy of 04-ORD-017 is attached hereto and incorporated by reference. We adopt, in full, the analysis found in that decision.
Campbell County Detention Center advances similar and additional arguments in support of its decision to withhold the requested videotapes. While Mr. Blau's purpose in requesting the videotapes may not have any bearing on facility security, he stands in the same shoes as any other requester under the Open Records Act. What is made available to him must be made available to any member of the public, including those who might intend to use the videotapes for improper or illegal purposes. OAG 82-233; OAG 89-76; OAG 90-50; OAG 92-30; 96-ORD-209; 97-ORD-8; 05-ORD-025. Thus, Kentucky's courts have recognized that "the Legislature clearly intended to grant any member of the public as much right to access information as any other member of the public," Zink v. Commonwealth, 902 S.W.2d 825, 828 (Ky. App. 1994). To avoid disclosure of the videotapes for purposes that might otherwise threaten the security of the facility, the Detention Center properly invoked KRS 197.025(1) to deny Mr. Blau's request. Since the disputed videotapes relate to a matter in litigation, he can obtain the videotapes by means of discovery. We find no error in the Detention Center's reliance on KRS 197.025(1).
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3) , the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Robert E. BlauLt. Col. David FickenscherRobert E. List